State v. . McNeill

10 N.C. 183

Opinion

Per Curiam.

The Court is of opinion, that a bill of Sfidictmcnt ha\ing been found against the Defendant in the County Court, at December Sessions in 1822, for the same offence, is no defence against the present indictment in the Superior Court; inasmuch as it appears 0H the pleadings, that a nolle prosequi had been entered on the said first indictment prior to the time of pleading in this. That as tjie effect of a nolle prosequi is to put the Defendant, without day, upon tiiat indictment, he becomes, while he is so, amenable on another indictment in any Court having jurisdiction of the offence; otherwise a nolle prosequi would operate as a bar to any other prosecution. The power of issuing new process after a nolle prosequi, cannot affect this question, because no process lias been issued. The plea is, therefore, insufficient and must be overruled. — Judgment reversed.